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2026 DAILYLAW 50446 (KAR)

SRI BRIJESH B K v. STATE OF KARNATAKA

CRL.P/13376/2025 · 2026-01-29

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5061 CRL.P No. 13376 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13376 OF 2025 BETWEEN: 1. SRI. BRIJESH B.K S/O LATE MR. KISHAN BABBARJUNG, AGED ABOUT 34 YEARS, R/AT NO.197/B, 6TH MAIN, 16TH CROSS, N.S. PALYA, BTM 2ND STAGE, BENGALURU - 560 076. 2. SMT. ARUNA SAVANNUR W/O LATE MR. KISHAN BABBARJUNG, AGED ABOUT 66 YEARS, RESIDING AT NO.197/B, 6TH MAIN, 16TH CROSS, N.S. PALYA, BTM 2ND STAGE, BENGALURU CITY - 560 076. …PETITIONERS (BY SRI. ASHOKA T, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, SOUTH EAST WOMEN POLICE STATION, BENGALURU CITY, BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5061 CRL.P No. 13376 of 2025 2. MRS. USHA RAGANATH W/O MR. BRIJESH B.K AGED ABOUT 33 YEARS, R/A NO.3 ANMOL, FLAT NO.2A 11TH CROSS, RAGHAVENDRA LAYOUT PADMANABHA NAGAR, BENGALURU - 560 070. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; VIDE ORDER DATED 19.01.2026, R2 SEVICE IS HELD SUFFICIENT) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET DATED 04.06.2024 FILED IN CRIME NO.0018/2024 FOR THE OFFENCES P/U/S 498A, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P ACT PENDING ON THE FILE OF THE 39TH ADDL.CMM NRUPATUNGA ROAD, BENGALURU IN CC NO. 20445/24. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is instituted by the husband, who is arrayed as the first petitioner, and his mother, who is arrayed as the second petitioner, invoking the inherent jurisdiction of this Court to quash the criminal proceedings pending in C.C.No.20445/2024 on the file of the learned 39th ACMM, Bengaluru, arising out of allegations for the offences - 3 - HC-KAR NC: 2026:KHC:5061 CRL.P No. 13376 of 2025 punishable under Sections 498A and 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 2. Though notice is duly served on the second respondent–wife, she has chosen not to contest the present petition. 3. Learned counsel appearing for the petitioners, placing reliance on the settlement recorded in M.C.No.6348/2023, would submit that the matrimonial relationship between the first petitioner and the second respondent has since been amicably dissolved. It is further submitted that, in terms of the settlement, the first petitioner has paid a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) towards full and final settlement of all claims by way of Demand Draft No.513463 dated 11.06.2025 drawn on ICICI Bank, BTM Layout Branch, Bengaluru. Learned counsel would further submit that, under the terms of settlement, particularly paragraph No.9 thereof, the second respondent has expressly agreed to cooperate for quashing of the criminal proceedings pending against the petitioners. - 4 - HC-KAR NC: 2026:KHC:5061 CRL.P No. 13376 of 2025 4. This Court has carefully examined the memorandum of settlement recorded under Section 89 of the Code of Civil Procedure in M.C.No.6348/2023. A plain reading of the settlement unmistakably discloses that the marriage between the parties stands dissolved and that the second respondent has received the agreed settlement amount of Rs.10,00,000/- towards full and final settlement of all her claims. The settlement further records an unequivocal undertaking on the part of the second respondent to cooperate for quashing of the criminal proceedings arising out of the matrimonial dispute. 5. This Court deems it appropriate to extract paragraph No.9 of the settlement, which reads as under: “The petitioner has filed a petition Crl.Misc.81/2024, against the respondent and his mother, under section 12 of DV Act, pending before JMFC-III, (Traffic Court-III), Bengaluru and the petitioner agreed to withdraw the same and also filed a complaint in Crime No.18/2024, before the Audugodi Women’s Police Station, (South-East Division) for the offenses punishable under section 498A r/w. Section 34 of IPC and section 3 & 4 of Dowry Prohibition Act, charge sheet has been filed i.e. C.C.No.20445/2024, pending before the 39th ACMM, Bengaluru. The petitioner has agreed and undertakes to co-operate in quashing the above Criminal Case in total.” - 5 - HC-KAR NC: 2026:KHC:5061 CRL.P No. 13376 of 2025 6. In the light of the aforesaid settlement and having regard to the fact that the matrimonial relationship between the first petitioner and the second respondent stands dissolved, coupled with the receipt of Rs.10,00,000/- by the second respondent towards full and final settlement, this Court is of the considered view that continuation of the criminal proceedings for the offences punishable under Sections 498A and 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act would be wholly unnecessary and would not subserve any fruitful purpose. The parties have consciously chosen to put an end to all disputes arising out of the matrimonial relationship and have mutually agreed to give a quietus to the lis. 7. This Court is further of the opinion that permitting the criminal proceedings to continue, despite the amicable settlement, would amount to an abuse of the process of law. In order to secure the ends of justice and to give effect to the settlement arrived at between the parties in M.C.No.6348/2023, this Court deems it just and proper to - 6 - HC-KAR NC: 2026:KHC:5061 CRL.P No. 13376 of 2025 exercise its inherent jurisdiction and quash the proceedings pending in C.C.No.20445/2024. 8. For the foregoing reasons, this Court proceeds to pass the following: ORDER i. The criminal petition is allowed; ii. The proceedings pending in C.C.No.20445/2024 on the file of 39th ACMM, Bengaluru, insofar as the petitioners are concerned, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 1